Citation NR: 9633297
Decision Date: 11/26/96 Archive Date: 12/02/96
DOCKET NO. 95-13 678 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Cleveland,
Ohio
THE ISSUES
1. Entitlement to an evaluation in excess of 50 percent for
post-traumatic stress disorder.
2. Entitlement to a total rating based upon individual
unemployability due to service-connected disability.
REPRESENTATION
Appellant represented by: AMVETS
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
Alberto H. Zapata, Associate Counsel
INTRODUCTION
The veteran served on active duty from March 1966 to March
1968.
This matter comes to the Board of Veterans' Appeals (Board)
on appeal from a rating decision of the Department of
Veterans Affairs (VA) Regional Office (RO) in Cleveland,
Ohio.
REMAND
The Board notes that effective November 7, 1996, VA has
revised the criteria for diagnosing and evaluating
psychiatric disabilities. 61 Fed. Reg. 52,695 (1996). On
and after that date, all diagnoses of mental disorders for VA
purposes must conform to the fourth edition of the Diagnostic
and Statistical Manual of Mental Disorders (DSM-IV). 61 Fed
Reg. 52,700 (1996) (to be codified at 38 C.F.R. ß 4.125).
The new criteria for evaluating service-connected psychiatric
disability will be codified at newly designated 38 C.F.R.
ß 4.130. 61 Fed. Reg. 52,700-1 (1996). The new rating
criteria are sufficiently different from those in effect
prior to November 7, 1996, that the Board finds a remand to
be warranted for purposes of reevaluating the veteranís
service-connected post-traumatic stress disorder under the
new rating criteria. Further, the Board is of the opinion
that given the change in the rating criteria, further
psychiatric evaluation of the veteran is warranted. Given
that the evaluation of the veteranís post-traumatic stress
disorder will affect the veteranís overall combined
disability rating and therefore his eligibility for a total
rating based upon individual unemployability due to service-
connected disability, the total rating claim is inextricably
intertwined with the increased rating claim. The Board will
thus defer deciding the total rating claim pending further
development, including psychiatric evaluation of the veteran.
In light of these circumstances, the Board is of the opinion
that further RO actions are warranted. Accordingly, the case
is REMANDED to the RO for the following actions:
1. The RO should contact the veteran and
request that he to provide up-to-date
information concerning his education and
industrial background and further request
that he identify the names, addresses,
and approximate dates of treatment for
all health care provider(s) from whom he
has received psychiatric treatment in
recent years. With any necessary
authorization from the veteran, the RO
should attempt to obtain copies of
treatment records identified by the
veteran which have not been previously
secured. Regardless, the RO should
attempt to obtain recent treatment
records from the VA Medical Centers in
Brecksville and Wade Park, not previously
secured.
2. Then, the RO should schedule the
veteran for a special VA examination by a
board-certified psychiatrist, if
possible, to determine the current
severity of his service-connected post-
traumatic stress disorder. All necessary
tests and studies should be accomplished,
and all clinical manifestations should be
reported in detail. The examiner should
differentiate the symptoms and impairment
associated with the veteranís service-
connected post-traumatic stress disorder
from those associated with any non-
service-connected personality disorder.
The examiner should offer an opinion as
to the degree to which the veteranís
service-connected post-traumatic stress
disorder affects his ability to work and
interact socially. A complete rationale
for any opinion expressed must be
provided. If possible, the examiner
should indicate the veteranís overall
psychological, social, and occupational
functioning using the Global Assessment
of Functioning scale provided in the
American Psychiatric Associationís
Diagnostic and Statistical Manual of
Mental Disorders (4th. Ed. 1994) (DSM-
IV), as it pertains solely to the
veteranís service-connected post-
traumatic stress disorder. The claims
file, including a copy of this REMAND,
should be made available to the examiner
before the examination, for proper review
of the medical history. The examination
report is to reflect whether such a
review of the claims file was made.
3. The RO should review the examination
report resulting from the above-requested
development and assess compliance with
the above instructions. If the RO
determines that the examination report
did not adequately address the
instructions contained in this REMAND,
the report should be returned to the
examiner for corrective action.
4. Thereafter, the RO should undertake
any other indicated development and
readjudicate the issue of entitlement to
an increased rating for post-traumatic
stress disorder. In readjudicating this
issue, the RO should consider the
revised criteria pertaining to the
evaluation of mental disorders,
38 C.F.R. Part 4 (effective November 7,
1996), as well as the criteria effective
prior to November 7, 1996, rating the
veteran under the criteria most
favorable to him. If the issue has not
been rendered moot, the RO should also
readjudicate the issue of entitlement to
a total rating based upon individual
unemployability due to service-connected
disability.
5. If the benefits sought on appeal are
not granted to the veteran's
satisfaction, the RO should issue a
Supplemental Statement of the Case, and
the veteran and his representative should
be afforded a reasonable opportunity to
respond.
Thereafter, the case should be returned to the Board for
further appellate action, if otherwise in order. No action
is required of the veteran until he is otherwise notified by
the RO. By this remand the Board intimates no opinion as to
any final outcome warranted.
ROBERT E. SULLIVAN
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, ß 6, 108 Stat. 740, 741
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. ß 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This remand is in the nature of a
preliminary order and does not constitute a decision of the
Board on the merits of your appeal. 38 C.F.R. ß 20.1100(b)
(1995).
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